legal

Domestic Violence & Police Response in New Brunswick

What survivors may experience when NB police respond to domestic violence calls.

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LEGAL & POLICE

Police, Arrests, and No-Contact Terms in Canada

When Police Arrive After a Relationship Violence Call

Police responses can vary by province, territory, and police service, but some steps are common across Canada.

Police will usually speak to people separately to understand what happened.
They may ask about injuries, threats, past incidents, children, pets, and weapons.
They might look around the home for safety concerns, such as weapons in plain view.
Police may take notes, photos of visible injuries or damage, and record statements.
If children are present, they may contact child protection, depending on what they observe and what is reported.

Police decision-making can be influenced by local policy, past police records, and the specific details of the incident. It is not the same in every community.

Police Arrival: What They May Ask or Explain

During the first contact, police may:

Ask for names, identification, and contact information.
Ask if anyone needs medical care and may call paramedics.
Ask about immediate safety needs (for example, a safe place to stay that night).
Explain whether someone is being detained or arrested, and for what offence.
Explain next steps, such as possible charges, release processes, or how to reach victim services.

You can usually ask police for a file number and the officer’s name and badge number if it feels safe to do so. This may help if you speak with victim services or a lawyer later.

When Police Decide to Arrest

In many parts of Canada, there are policies that encourage or require charges when there is evidence of relationship violence, even if the person harmed does not want charges laid. Police may decide to arrest when they believe:

A criminal offence has likely been committed (for example, assault, threats, mischief, harassment).
There is a risk of further harm if the person is not arrested.
The person might not show up for court if released immediately.
There is a court order, peace bond, or other condition already in place that may have been broken.

If someone is arrested, police may:

Transport them to a station or holding facility.
Take fingerprints and photos, depending on the charge.
Hold them for a bail hearing or release them on conditions from the station.

Release Instead of Arrest

Sometimes police do not arrest anyone, even after attending a relationship violence call. This can happen when:

They do not believe a criminal offence can be proven with the available information.
They see the situation as a dispute without evidence of a crime.
The person who may have caused harm has already left, and police cannot locate them immediately.

Police may still:

Give safety information or referrals to local victim services.
Document the visit in a report that may be relevant to future incidents.
Encourage people to contact police again if safety concerns increase.

Even if no charges are laid at the time, a police report can sometimes be relevant later for safety planning, court processes, or immigration consultations.

Conditions After Arrest: Release Terms

If someone is arrested, they may be:

Released by police with conditions (for example, an undertaking or promise to appear).
Held for a bail hearing, where a judge or justice of the peace decides if they are released and on what terms.

Common release conditions in relationship harm situations can include:

No-contact with a specific person or group of people.
No-go conditions (staying away from a home, workplace, school, or community).
Not possessing weapons, firearms, or certain items.
Not using alcohol or drugs, or not attending certain locations (for example, bars).
Reporting to a police station or bail supervision program as required.

The exact wording of conditions matters. If you receive paperwork, it can help to keep a copy in a safe place or with a trusted person, if that is safe for you.

Arrest vs Release Conditions: Key Differences

Arrest is when police take someone into custody based on suspected criminal activity.
Release conditions are rules that the arrested person must follow after they are released from custody.

Important points:

Release conditions are generally set by police, a justice of the peace, or a judge, not by the person harmed.
Conditions are legal obligations for the accused person; breaking them can lead to new criminal charges.
Conditions may change later through a court process or on the advice of a lawyer, depending on the situation.

No-Contact Terms: What They Typically Mean

No-contact terms can be part of police release conditions, bail, probation, peace bonds, or other court orders. They commonly mean:

No in-person contact of any kind.
No phone calls, texts, emails, or messages through apps or social media.
No sending messages through friends, family, or third parties (indirect contact).
No gifts, letters, or leaving notes at a home or workplace.

Sometimes, an order may allow limited contact, such as:

Contact only about child-related matters, and often only in specific ways (for example, email only).
Contact only through a lawyer or written communication tools approved by a court.

If you are unsure what “no-contact” means in your documents, you can ask a lawyer, duty counsel, or a legal clinic to help explain the wording for your province or territory.

No-Go and Distance Conditions

No-contact terms often appear together with “no-go” or distance conditions. These may include:

Not going to a specific address or within a certain distance of it.
Staying away from workplaces, schools, child care, or other regular locations.
Sometimes staying away from a whole community or geographic area.

These conditions are usually placed on the accused person, not the person who has been harmed.

How No-Contact Terms Affect Daily Life

No-contact conditions can affect:

Living arrangements, if both people shared a home.
Child exchanges or parenting time, especially if orders conflict.
Workplaces, community events, and social or religious gatherings.

When child contact or shared housing is involved, it can be helpful to get independent legal information about how criminal conditions interact with family or housing matters, which can differ by province or territory.

Emergency Intervention Orders (EIOs) and Police

Some provinces and territories have Emergency Intervention Orders (EIOs) or similar emergency protection orders that can be granted quickly when there is immediate family or relationship violence risk. Names and details vary by region.

In places that use EIOs, they can sometimes be obtained:

Through police contacting a designated justice official by phone.
Through a victim services worker, shelter worker, or other authorized person.
Directly by the person seeking protection, in some jurisdictions.

Police roles with EIOs can include:

Helping apply for an EIO in urgent situations when allowed by local law.
Serving (delivering) the EIO to the person it is made against.
Enforcing the terms, such as removing a person from a residence or seizing weapons, if the order allows this.

Not all provinces and territories use the term “Emergency Intervention Order,” and procedures differ across Canada. Local legal clinics or victim services can explain what emergency orders exist in your area.

How Police Conditions and EIOs Interact

It is possible for more than one type of order or condition to exist at the same time. For example:

A police release condition with no-contact terms, and
An EIO or other protection order, and
A family court order about parenting time or access.

Important considerations:

If there is a conflict between criminal conditions and another order (such as an EIO or parenting order), criminal orders usually take priority in practice. A lawyer can explain how this works in your province or territory.
Police generally enforce criminal conditions and enforceable protection orders that they are aware of.
If you have more than one order, it may help to keep copies together and, if safe, show police all documents if there is a concern about a breach.

Changing or cancelling an EIO, no-contact term, or other condition usually requires a court or authorized decision-maker. Police cannot always change these on the spot, even if everyone involved agrees.

Breaches of Conditions or Orders

If a person breaks no-contact terms, EIO conditions, or other court-ordered rules, police may:

Investigate the report of the breach.
Decide whether to arrest based on the information, evidence, and local policy.
Lay new charges for breaching conditions or disobeying a court order, if they believe an offence occurred.

In practice, outcomes of reported breaches can vary based on the region, the nature of the breach, and other factors.

Getting More Support and Information

If you are unsure how police conditions, no-contact terms, or EIOs apply to your situation, some options for more information may include:

Legal aid or community legal clinics in your province or territory.
Victim services programs connected to police, courts, or community agencies.
Settlement or newcomer services that understand both immigration concerns and family safety issues.

Additional support options across Canada can also be found through resources listed at DV.Support.

Planning Around Police and Court Conditions

When conditions or orders are in place, some people find it useful to:

Keep copies of all orders and release documents in a safe, accessible place.
Share copies with a trusted support person, school, or workplace, if that feels safe.
Note dates and details of any contact that may be a breach, including screenshots or logs, if it is safe to keep this information.
Check in with a legal clinic or lawyer before making changes to living, parenting, or communication arrangements that might affect conditions.

Safety planning can include digital safety, housing, finances, and children’s needs. If you are concerned about online contact or harassment, you may wish to review tips in digital safety resources specific to Canada.